coast guard morale, welfare, recreation manual - DOT On-Line ...

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Enclosure: (14) to COMDTINST M1710.13
6. Riaht of.First Refusal. Upon termination of this
Agreement, Cosponsors shall have the right of first refusal to
renew this Sponsorship Agreement provided the Coast Guard conducts
this event during this time frame in (vear) . As used herein,
the right of first refusal shall mean that ifFund receives a
"bonafide offer" (as hereinafter defined) regarding sponsorship
from a third party, then Fund shall be obligated to communicate
such offer to Cosponsors, and permit cosponsors at its option to
offer to contract with Fund, either individually or as Cosponsors,
on terms no less favorable to Fund than those contained in the
bonafide offer of the third party. In no event shall Fund enter
into a contract with a third party upon terms and conditions more
favorable to such third party than those offered to Cosponsors,
unless such terms have first been offered to Cosponsors. As used
herein, the term "bonafide offer" shall mean a proposed agreement
concerning rights and obligations similar to those herein, which
agreement if executed by Fund and the third party, would be legally
binding.
7. Comnetitive Advertisinq. Fund warrants and agrees that it
has not, and during the term hereof will not, grant to anyone that
the Cosponsors the right to sponsor or advertise during the event
and products competitive with Products.
8. Indemnification. The Fund agrees to defend, indemnify and
hold Cosponsors harmless from and against all claims, suits,
liabilities, costs and expenses, including reasonable attorney's
fees for injury to, including death of persons (whether they be
third persons or employees of either parties hereto) -or' any loss or
damage of property in any manner arising from the advertising and
sponsorship rights conveyed therein or for any injury to, including
death of persons arising from participation in the event, with the
understanding that this obligation shall not apply to any loss
caused solely by the negligence of Cosponsors.
9. Insurance. The Fund shall obtain and maintain in force,
adequate insurance satisfactory to cover the indemnification in
paragraph 8 above. The Fund shall include Cosponsors as,additional
insured under its Consolidated Self-Insurance Program.. The
Consolidated Self-Insurance Fund shall provide for thirty (30) days
written notice to the Cosponsors in the event of cancellation,
material change.or nonrenewal.
10. Indedendent Contractor. Cosponsors and.the F'und shall be
and act as independent contractors, and under no circumstances
shall this agreement be construed as one of agency, partnership or
joint venture of employment between the Fund, sponsor and
Cosponsor. None of the personnel under contract to, employed by or
volunteering for the Fund shall be deemed in any way to have any
contractual relationship with Cosponsors whatsoever. The Fund
shall be solely responsible for the conduct of its employees,
personnel and agents in connection with their performance of the
Fund's obligation hereunder.
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